RAD Curbside Faces Renewal or Rebid

DRIGGS — Teton County commissioners voted Tuesday to offer RAD Curbside two more years of the county's exclusive garbage franchise, under contract terms written by the county's attorney that the company must sign without changes by October 26.

Commissioners first approved a termination letter, drafted for Chairman Brad Wolfe's signature, stating that the county "elects NOT to extend or renew" the franchise when its current term ends on or about November 10, 2027. Public Works Director Darryl Johnson said he would have it signed and "issue the notice of termination." The board then voted to offer RAD the amendment. If RAD does not accept it "unconditionally within 14 days," the motion directs the county to put the curbside franchise out to bid. That would be the first time the franchise has gone out to bid since 2015.

At open mic before the vote, a man representing RAD told commissioners he was there "to verbally agree to the terms that you put in place."

The amendment, drafted by deputy prosecutor Jim Blunk, describes itself as "an offer by County" that "is void and of no effect" unless RAD signs and delivers it by October 26. Signed, it would extend the franchise to November 10, 2029, and then end it unless commissioners approve another written amendment. RAD would also acknowledge that the county's termination notice was "timely and effective." Johnson's staff report described the extension as "an additional five years," but the amendment sets one two-year term.

The contract renews itself for five years unless either side gives a year's written notice. In August, commissioners postponed sending that notice to keep negotiating, after Blunk told them he had amended seven versions of RAD's proposed contract and still could not sign the one on file. He named what the county wanted: a franchise held to curbside collection, control over any assignment of the contract, and cost-of-living increases that commissioners vote on. "I've never in 55 years worked harder on a contract," he said.

Blunk's amendment would give RAD an exclusive right to curbside collection, defined as residential and commercial trash and recycling picked up on a schedule from roll carts and dumpsters. Construction and demolition debris would fall outside the franchise, and nothing would stop the county from permitting "any other qualified hauler" to collect it.

Four other open-mic speakers asked commissioners to let other haulers compete for roll-off dumpster work. One of them, a Victor resident looking into starting a roll-off business, asked the county to "clarify that temporary construction and demolition dumpsters are not covered by RAD's exclusive franchise."

The county had earlier removed contract language that let it reevaluate the franchise if more than half of RAD's ownership changed hands, Johnson told commissioners in August. Under the amendment, RAD could not hand the contract, or control of the company, to anyone else unless commissioners voted to allow it. Doing so without that vote would give the county cause to end the franchise.

Rates would rise 4 percent on signing. The amendment says both parties agree the increase is justified "because it has been some time since a rate increase." RAD could then ask for a consumer-price-index adjustment only in September 2027 and September 2028, and none would take effect without a commission vote. In August, RAD's proposed contract sought 4.6 percent tied to the index and made such adjustments automatic. The franchise fee, which the staff report puts at about $46,000 a year for the county, would not change.

The termination letter is addressed to David Hudacsko, RAD Curbside's manager; Dan Christensen, chief executive of Elevate Recycling & Disposal Services in Lehi, Utah; and RAD's registered agent in Salt Lake City.

What to watch: RAD has until October 26 to sign. If it does not, the franchise ends on or about November 10, 2027, and goes out to bid.

Updated Oct. 13

This article was published before Tuesday's vote and revised afterward to reflect the outcome.

Updated Oct. 13

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